Bharatiya Nyaya Sanhita 2023
Section 71 :
Punishment for repeat offenders :
(See section 376E of IPC 1860)
Section : 71
Classification of Offence:
Offence : Repeat offenders
Punishment : Imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life or with death.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
———
Whoever has been previously convicted of an offence punishable under section 64 or section 65 or section 66 or section 70 and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life, or with death.
Indian Penal Code 1860 (IPC 1860)
Section 376E :
1.[Punishment for repeat offenders :
(See section 71 of BNS 2023)
Classification of Offence:
Offence: Repeat offenders.
Punishment : Imprisonment for life which shall mean imprisonment for the remainder of that persons natural life or with death.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Court of Session.
————
Whoever has been previously convicted of an offence punishable under section 376 or section 376A or 2.(section 376AB or section 376D or section 376DA or section 376DB) and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life or with death.]
State Amendment :
Chhattisgarh :
After Section 376E of the Penal Code, the following shall be inserted, namely: —
376F. Liability of person in-charge of workplace and others to give information about offence.
Whoever, being person in-charge of any work place or any other person present at such place, having knowledge that an offence under section 376 or section 376D, is being committed at such place and being in a position to prevent commission of such offence fails so, to prevent such offence or to give information of the commission of such offence, to any magistrate or police officer, by any mode, with the intention of screening the offender from legal punishment, shall be liable to be punished for abetment of such offence with imprisonment of either description which may extend to three years and fine and no such person shall incur any liability for giving such information.
Explanation:
Work-place includes any mode of transport owned, hired or otherwise engaged by the person in-charge of the work place for the conveyance of the woman, who was subjected to such offence, to and from her residence to such work-place.
[VideChhattisgarh Act 25 of 2015, sec. 5].
————–
1. Substituted by the Criminal Law (Amendment) Act, 2013 (No.13 of 2013).
2.Subs. by the Criminal Law (Amendment) Act, 2018 (No.22 of 2018), Sec. 7. Published in the Gazette of India, Extra, Part II, Sec. 1 dated 11-08-2018.